It's coming - EU cross-border exchange of information

It's coming - EU cross-border exchange of information

Author
Discussion

CABC

5,619 posts

103 months

Friday 27th January 2017
quotequote all
Mill Wheel said:
Not really.. at least you get to do 130 kph on the motorway if it doesn't rain!
sometimes 90 outside of Gva on a40 going up the valley - "pollution control". credit cards accepted.

Vizsla

924 posts

126 months

Friday 27th January 2017
quotequote all
Vaud said:
Perik Omo said:
Well being a French "local" I've been done for speeding 3 times in two month period and all the infringements were very minor, one came down to 51km/h in a 50 limit after adjustment and one was by hidden radar gun in someones driveway and two were by cameras due to my own stupid inattention and just last week was pulled for a document check and told sternly by the Gendarme that I had to convert my UK license to French to receive the points for my past speeding infractions!!
They have gotten very strict over the last 5 years...
They obviously have. I lived in France from 2004 - 2010 and in that time got nicked twice for speeding. All they were interested in was the money (€90 in cash), couldn't have cared less about my GB licence or points (it may have been different if I'd been doing intergalactic speeds). One of them was almost apologetic, but told me that the Government really needed the money!

Vaud

50,815 posts

157 months

Friday 27th January 2017
quotequote all
CABC said:
sometimes 90 outside of Gva on a40 going up the valley - "pollution control". credit cards accepted.
Well to be fair the pollution level in Geneva is bloody awful at the moment.

CABC

5,619 posts

103 months

Friday 27th January 2017
quotequote all
Vaud said:
Well to be fair the pollution level in Geneva is bloody awful at the moment.
of course, it's between Nov and March!! i so enjoy sunny autumnal drives in the hills looking down on the mattress of fog over sallanches.

Red Devil

13,095 posts

210 months

Friday 27th January 2017
quotequote all
Mill Wheel said:
0000 said:
Ugh. 80mph even on a dry day. That'd be 9 hours just on the French side. sleep
That is why back in the day, we used to have "Motorail"...
You just put your car on the train and went and had a slap up meal and a good nights kip, waking up in Edinburgh!

hehe
Edinburgh, Schmedinburgh.

Fort William. Motorail was just the ticket for cutting out the long slog from the south of England to the Highlands. thumbup
Unfortunately BR was determined to kill it despite the court action which saved the sleeping car service (the latter still exists today).
http://www.heraldscotland.com/news/12108496.BR_dec...

Usget

5,426 posts

213 months

Friday 27th January 2017
quotequote all
There's a passage in that article which suggests that, although a fine will be issued, there will be sweet FA the continentals can do if, for example, the dog eats the letter. Or it becomes irretrievably soaked in coffee.

agtlaw

Original Poster:

6,762 posts

208 months

Tuesday 11th April 2017
quotequote all
And, at long last, here it is (in force 6th May 2017): http://www.legislation.gov.uk/uksi/2017/554/introd...

Explanatory note:

"These Regulations amend the Road Vehicles (Registration and Licensing) Regulations 2002 (“the 2002 Regulations”) in relation to the disclosure of information from the register of vehicles and their keepers maintained by the Driver and Vehicle Licensing Agency on behalf of the Secretary of State under section 21 of the Vehicle Excise and Registration Act 1994.

These Regulations implement Directive (EU) 2015/413 of the European Parliament and of the Council (OJ No L 68, 13.3.15, p.9) facilitating cross-border exchange of information on road safety related traffic offences.

Regulation 3 implements the Directive by inserting new regulation 27B into the 2002 Regulations. New regulation 27B provides that, in order to facilitate the investigation by another Member State of a road safety related traffic offence to which the Directive applies committed in that Member State using a vehicle registered in the UK, the Secretary of State must make available to the Member State the identity of the registered keeper of the vehicle (and certain other information) from the statutory register of vehicles and their keepers maintained by the Driver and Vehicle Licensing Agency.

It designates the Secretary of State as the national contact point for the UK, pursuant to Article 4(2) of the Directive, to receive and process requests for such information from other Member States and to request and receive corresponding information in relation to such offences committed in the UK using vehicles registered in other Member States."

krallicious

4,312 posts

207 months

Tuesday 11th April 2017
quotequote all
Has anything changed since you posted the Times article? If I remember correctly, it stated that EU members could request details of UK registered vehicles but this was not the case for EU registered vehicles if an offence happed in the UK.

Geekman

2,871 posts

148 months

Tuesday 11th April 2017
quotequote all
So, this would not apply to any parking offences if I've understood it correctly?

TooMany2cvs

29,008 posts

128 months

Tuesday 11th April 2017
quotequote all
Geekman said:
So, this would not apply to any parking offences if I've understood it correctly?
"Road safety related traffic offences"

krallicious said:
Has anything changed since you posted the Times article? If I remember correctly, it stated that EU members could request details of UK registered vehicles but this was not the case for EU registered vehicles if an offence happed in the UK.
The UK gov't were refusing to sign up. It was pointed out to them that it was not optional. This is the signing-up.

It's bi-directional - this change is the UK allowing others. The others already allow the query, IF the UK makes it.

Well, at least until we actually leave - and then it's down to what's agreed in the A50 negotiations.

donkmeister

8,370 posts

102 months

Tuesday 11th April 2017
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Hypothetically, if someone DID have souvenir photos of themselves enjoying French roads awaiting collection... Does the legislation only cover the charges of getting souvenir photos from the date it comes into force in the UK?

agtlaw

Original Poster:

6,762 posts

208 months

Tuesday 11th April 2017
quotequote all
Geekman said:
So, this would not apply to any parking offences if I've understood it correctly?
This regulation applies to the following traffic offences—

(a)drink driving;

(b)driving while under the influence of drugs;

(c)failing to stop at a red traffic light;

(d)failing to use a seat belt;

(e)failing to wear a safety helmet;

(f)using a mobile telephone or any other communication device while driving;

(g)speeding;

(h)use of a forbidden lane.

agtlaw

Original Poster:

6,762 posts

208 months

Tuesday 11th April 2017
quotequote all
Interesting:

"7.2 The instrument makes provision for the handling of incoming requests for information received from other Member States in relation to offences committed abroad with vehicles registered in the UK. Reciprocal treatment by other Member States of requests received from the UK in relation to offences committed in the UK with foreign registered vehicles is a matter for other Member States equivalent transposition measures. All Member States, except the UK, Ireland and Denmark have already transposed the Directive.

7.3 The Directive provides a mechanism for Member States to exchange the identity of the registered keeper or owner of a vehicle, as opposed to the identity of the driver, at the time of the offence. This information is sufficient for Member States with keeper liability to take enforcement action. But for countries with driver liability, such as the UK, Ireland, Germany, Italy, Spain, Austria etc., further information would be needed to commence enforcement proceedings. So in practice only half of all states are likely to be able to make full use of the Directive.

7.4 Ultimately, it is up to individual Member States what they might do with keeper details when received. Where a country has keeper liability for road traffic offences they will be more likely to pursue offenders. However other Member States can write to a keeper about an offence requesting the identity of a driver at the time an offence is committed. It would up to police forces to determine whether to request the information from foreign keepers, or to otherwise seek Member State assistance in finding the offender. This is a topic of concern for many other Member States who are forming an EU sub-group to scrutinise these “secondary enforcement activities” and recommend practical solutions for implementation."

TooMany2cvs

29,008 posts

128 months

Tuesday 11th April 2017
quotequote all
agtlaw said:
7.3 The Directive provides a mechanism for Member States to exchange the identity of the registered keeper or owner of a vehicle, as opposed to the identity of the driver, at the time of the offence. This information is sufficient for Member States with keeper liability to take enforcement action. But for countries with driver liability, such as the UK, Ireland, Germany, Italy, Spain, Austria etc., further information would be needed to commence enforcement proceedings. So in practice only half of all states are likely to be able to make full use of the Directive.
Is there a reason why the UK couldn't handle it the same as a UK-reg vehicle?

So send an s172 request to the keeper, then fall back to prosecuting the keeper for failure to identify...?

krallicious

4,312 posts

207 months

Tuesday 11th April 2017
quotequote all
It does seem that the Times article may be correct in its assumption that EU registered traffic will be virtually impossible to enforce. Especially as a lot of insurance companies insure the car but not a specific driver.

cmaguire

3,589 posts

111 months

Tuesday 11th April 2017
quotequote all
Provided 'misdemeanours' are limited to fines and not points I don't care (much).
Getting points here or there and potentially being banned from driving (for speeding of course) grates no end when I have to share the roads with so many talentless idiots that obey the limits.

Ken Figenus

5,720 posts

119 months

Tuesday 11th April 2017
quotequote all
agtlaw said:
Interesting:

"for countries with driver liability, such as the UK, Ireland, Germany, Italy, Spain, Austria etc."
What is the full list I wonder? And what of uber punitive Switzerland - outside EU?

S11Steve

6,375 posts

186 months

Wednesday 12th April 2017
quotequote all
Does this legislation only create an obligation for the UK to provide RK details to other EU states, but not allow them to enforce penalties?

We are looking into it at work at the moment, and trying to clarify what impact, if any, it will have on our fleet.

mel

10,168 posts

277 months

Wednesday 12th April 2017
quotequote all
Rather than getting all offended and brexity I'm actually all for it. For the price that I may/may not fall foul of the law while driving in Europe once or twice a year and in fairness the standards/limits are roughly comparable to the UK is a small one to pay for all the European HGV's that I see on a daily basis flaunting everything from stopping on the Hard Shoulder, ignoring Red Crosses, Speeding and general bell endish driving.

Ken Figenus

5,720 posts

119 months

Wednesday 12th April 2017
quotequote all
mel said:
Rather than getting all offended and brexity I'm actually all for it. For the price that I may/may not fall foul of the law while driving in Europe once or twice a year and in fairness the standards/limits are roughly comparable to the UK is a small one to pay for all the European HGV's that I see on a daily basis flaunting everything from stopping on the Hard Shoulder, ignoring Red Crosses, Speeding and general bell endish driving.
Not happening: http://www.itv.com/news/2017-01-26/uk-drivers-who-...

And to answer my own question here is a sketchy list of who care about punishing a culprit and those who dont care who it was and just care about collecting some filthy Euros idea:

Countries where the vehicle owner is liable:
France
Belgium
Netherlands
Hungary

Countries where the driver is liable:
Spain
Germany
Italy
Ireland
Netherlands
Romania
Belgium
Bulgaria
Slovakia
Austria
Finland
Hungary
Czech Republic
Poland